Wal-Mart Won’t Print Photos If They Are Too Good
Because copyright is a strict liability tort, “photofinishers” who print photos (like Wal-Mart and Kmart) can be liable if the customer asks to print photos owned by third parties. As a result, photofinishers are now bouncing photos that look professional…
Talk on 47 USC 230
I’m giving a talk later today on 47 USC 230 at Southwestern Law School. This talk allowed me to organize my thoughts on the state of the law. My slides.
Google’s Human Algorithm
Henk van Ess has been running a series of blog posts at Search Bistro about how Google uses international students to QA the relevancy of its search results. See, for example, his initial post including the advertising that Google ran…
Why I’m Not Excited About a New .xxx TLD
I’m not really a fan of new TLDs. Mostly, I see them increasingly irrelevant, so they generate a fair amount of activity but little benefit. As a result, not surprisingly, I am not excited about a .xxx TLD. Indeed, not…
Trademark Adjacency Presentation
I’m giving a talk at Law & Society Association’s annual meeting this Thursday in Las Vegas called “Trademark Adjacency.” A preview of my slides.
No Billboards in Space
I’m a little late blogging on this, but the FAA has proposed regulations to prohibit billboards in space. Comments are due by July 18. Unfortunately, the news reports didn’t accurately capture the issue. Congress already outlawed “obtrusive space advertising” in…
Edelman on “Intermediaries’ Role in the Spyware Mess”
Ben Edelman’s latest post discusses intermediary responsibility for adware. The post details how cash goes from advertisers to advertising representatives (“intermediaries”) to adware vendors to distributors. The Legal Liability Question This implicates an essential question: if someone commits an illegal…
BitTorrent Bust and the ART Act
A few days ago the Feds busted the Elite Torrents, who were warez traders using BitTorrent. The target: sites trading the Revenge of the Sith. The timing of this makes me wonder–is the passage of the ART Act, reinforcing criminal…
Lostclicks.com and Click Fraud
Three lawyers have launched a website called Lostclicks.com to drum up business for their click fraud legal campaigns. While these lawyers appear to be involved in the Lane’s Gift and Collectibles lawsuit, the site doesn’t contain the complaint–so it’s a…
Madison on Creative Commons
Mike Madison provides a thoughtful post on why some copyright owners might resist Creative Commons. UPDATE: John Dvorak writes a powerful critique of Creative Commons. Some of John’s arguments are wrong as a matter of law, but his points are…